Environment Committee

24 SEPTEMBER 2015

Title Moving Traffic Contraventions

Report of Commissioning Director – Environment

Wards All

Status Public

Enclosures Appendix 1 –Location ranking based on video traffic surveys

Paul Millard, Project Manager, Commercial Services, Officer Contact Details 0208 359 2230 [email protected]

Summary

The Environment Committee received a report on 15 July 2015 regarding CCTV enforcement and requested an update on progress made. This report lists the locations of Moving Traffic Contraventions and Schools where enforcement could be carried out using CCTV cameras. Since then, full Council on 28 July agreed to adopt the powers to carry out moving traffic contravention enforcement.

Recommendations 1. That the Environment Committee note the contents of this report and the implementation timescale.

1. WHY THIS REPORT IS NEEDED

1.1 The Environment Committee on 11 June 2015 received an update on potential locations for the deployment of CCTV to undertake traffic and parking enforcement was requested.

2. REASONS FOR RECOMMENDATIONS

2.1 There are approximately 100 locations where moving traffic enforcement could be potentially undertaken. All these locations were however reviewed as a desk top exercise, based on local knowledge, to determine the most problematic sites in terms of compliance, which resulted in 58 locations being identified where further traffic surveys were undertaken to determine the level of contraventions at these locations..

2.2 A further 32 locations outside schools were identified by the Council’s Schools Travel Coordinators where CCTV parking enforcement would be undertaken to improve the safety of school children and increase compliance to parking controls at these sites.

2.3 In total, a first phase of 52 locations (32 schools and up to 20 Moving traffic locations) have been selected for the enforcement of traffic and parking violations with CCTV. These Cameras will be deployed until compliance increases after which the cameras will be moved to a different location.

2.4 It is anticipated that cameras will initially be deployed at between 20 and 40 sites dependent on the number of cameras required to enforce any given location and available funding.

2.5 SCHOOLS LOCATIONS were based on the local knowledge of the school travel coordinators who are familiar with the parking problems experienced during the school drop-off and pick-up times and regular complaints and queries from local residents, parents or the schools themselves. The list of schools are as follows:

1 Ayesha Community Education, 17 St Paul’s CofE Primary School Montagu Road, NW4 3ES The Ridgeway, NW7 1QU 2 Wessex Gardens Primary school 18 Our Lady of Lords RC School Wessex Gardens, NW11 9RR Bow Lane, N12 0JP 3 Deansbrook Infant and junior 19 Brookland Inf/Jnr Hale Drive, NW7 3ED Hill Top, NW11 6EJ 4 St Paul's C of E Primary School 20 Christ’s College The Avenue, N11 1NQ East End Road, N2 0SE 5 St Agnes’ RC School 21 St Mary & St John CofE Primary Thorverton Road, NW2 1RG Prothero Gardens, NW4 3SL 6 Fairway and Northway Primary 22 Cromer Road Primary School School Cromer Road, EN5 5HT The Fairway, NW7 3HS 7 Queenswell Infant and Junior 23 Primary School

Schools Sweets Way, N20 0NQ 30 Poolsford Road, NW9 6HP 8 St Margaret’s Nursery School 24 St Catherine’s RC School Margaret Road, EN4 9NT Vale Drive, EN5 2ED 9 Summerside Primary School 25 Holly Park Primary School Crossway, N12 0QU Bellevue Road, N11 3HG 10 Manorside Primary School – 26 CofE Primary Squires Lane, N3 2AB School Camlet Way, EN4 0NJ 11 Garden Suburb Jnr/Inf 27 St Joseph’s RC Primary School Childs Way, NW11 6XU Watford Way, NW4 4TY 12 School 28 Whitings Hill Primary School Chestnut Grove, EN4 8PU Whitings Road, EN5 2QY 13 St James’ Catholic High School 29 Tudor Primary School Great Strand, NW9 5PE Queen's Road, N3 2AG 14 Ashmole Academy 30 Woodridge Primary School Cecil Road, N14 5RJ Southover, N12 7HE 15 Parkfield Primary School 31 Lyonsdown School St David's Place, NW4 3UB 3 Richmond Road, N5 1SA 16 Foundation (Mill Hill School, 32 Prep School Belmont and Grimsdell) 20 Tenterden Grove, NW4 2HP The Ridgeway, NW7 1QS

2.6 MOVING TRAFFIC CONTRAVENTION LOCATIONS have been prioritised from recent video traffic surveys undertaken on 3 week days (Monday , Wednesday and Saturday) between 7am and 7pm at all 58 locations to identify the level of compliance and any road safety and traffic congestion issues. The traffic survey results were used to identify the sites with the highest level of contraventions which adversely impact on road safety, congestion and journey time. Effective CCTV enforcement at these locations will contribute to delivering the Council’s Parking Policy’s aims, which are to:

• Keep Traffic Moving • Makes Road Safer • Reduce Air Pollution

2.7 Based on the traffic survey results, 20 locations have been selected where the Council will initially roll out enforcement of traffic and parking contraventions using Automatic Number Plate Recognition (ANPR) CCTV cameras.. The number of sites may be increased or decreased dependent on the outcome of the procurement exercise and available budget.

2.8 The location of the first twenty sites is given in appendix 1 of this report.

2.9 The timescale for implementation is 1st February 2016. The number of sites where enforcement will be undertaken on day one will depend on the work needed to ensure the road markings and signs are compliant and the winning bidder’s approach and ability to mobilise and install the cameras.

3. ALTERNATIVE OPTIONS CONSIDERED AND NOT RECOMMENDED

3.1 Not Applicable

4. POST DECISION IMPLEMENTATION

4.1 Approval to fund and introduce Moving Traffic Contravention (MTC) enforcement with CCTV cameras in Barnet was obtained at the 24 th January 2014 Environment Committee and subsequently ratified by the Policy and Resources committee. An application will now be made to Councils’ Transport and Environment Committee (TEC) seeking approval to operate MTC within the scheme of enforcement that they administer for London. The application will include confirmation that we will operate in full compliance with the CCTV enforcement Code of Practice. Barnet’s application will be considered at the meeting of TEC on 16th October 2015.

4.2 Further survey work will now be carried out on the initial locations to determine what additional measures are required to make these sites compliant.

4.3 The Procurement timetable is shown below:

Task Completed By Invitation to Tender 18 th September Closes Evaluation of Bidders 29 th September Procurement Board 15 th October Approval Winning Bidder 16 th October Announced London TEC Approval 15 th October Alcatel Period finished 30 th October Mobilisation starts 1st November

5. IMPLICATIONS OF DECISION

5.1 Corporate Priorities and Performance

5.2 The Council will work with local, regional and national partners and will strive to ensure that Barnet is the place:

• Of opportunity, where people can further their quality of life • Where people are helped to help themselves • Where responsibility is shared, fairly • Where services are delivered efficiently to get value for money for the taxpayer

5.3 The introduction of Moving Traffic Contraventions across the borough will assist with making roads safer and improving traffic flow and will provide value for money for the tax payer as the scheme will be self-funding for which any surplus will be reinvested in to traffic development and management. This will also protect the tax payer by ensuring that the general fund does not have to subsidise cost towards parking and traffic management.

6. Resources (Finance & Value for Money, Procurement, Staffing, IT, Property, Sustainability)

6.1 At this stage there are no resource implications in gaining the necessary approvals. Any future resource implications will be reported at appropriate future stages of implementation.

6.2 The cost of procuring and installing the CCTV cameras will be met from a Capital allocation of £1.4million approved by the Policy and Resources Committee.

6.3 The Parking Enforcement Contractor will review the contraventions captured by CCTV and issue Penalty Charge Notices (PCN’s) when valid. The representation process (which consists of challenges to issued PCNs) will be administered by Barnet Council’s Parking Client Team.

6.4 The Client Team will grow to support this process and additional associated work. A new structure reflecting this growth was approved under Officer Delegated Power in June 2015. It is expected that the additional staff cost will be offset by savings arising from the improved performance that these roles are expected to achieve within the SPA and also the savings identified as part of the NSL re-alignment and associated contract changes.

6.5 There will also be other minor costs in configuring existing IT systems to accommodate the new CCTV installation. However these will also be off- set against the income derived from the PCN’s.

7. Legal and Constitutional References

7.1 The London Local Authorities and Transport for London Act 2003 introduced provisions for civil enforcement of certain moving traffic contraventions by decriminalising the offences, thereby transferring the enforcement responsibility from the Police to the Council.

7.2 The London Councils Transport and Environment Committee are responsible for regulating the scheme in London and its approval is required to commence MTC enforcement. It also administers the Code of

Practice, which sets out the operational procedures that must be adhered to by any Borough included in the scheme.

7.3 A formal resolution now needs to be taken to make legal the transfer of powers. The necessary preliminary work has been reviewed and programmed by officers and this identifies, assuming authorisation is granted, that commencement of enforcement will be on or shortly after 1 January 2016 and this is known as the ‘Appointed Day’

7.4 Some of the sites identified for enforcement will be on boundary roads within neighbouring boroughs. It will therefore be necessary to formally agree with these boroughs that enforcement on the road network that falls within their areas will be exercised by Barnet. Such arrangements are contained under the Local Authorities (Arrangements for the Discharge of Functions) () Regulations 2000. In approving this report officers will need to be given authority to enter into necessary agreements/arrangements with neighbouring boroughs as necessary.

7.5 Legislation governing the enforcement of traffic regulations using CCTV includes: • Road Traffic Regulation Act 1984 • Road Traffic Offenders Act 1988 • Road Traffic Act 1991 • London Local Authorities Act 1996 • The Road Traffic Offenders (Additional Offences and Prescribed Devices) Order 1997 • London Local Authorities Act 2000 • London Local Authorities and Transport for London Act 2003 • Traffic Management Act 2004 • The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 • The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 • The Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007

7.6 Legislation governing the operation of CCTV systems includes:

• The data Protection Act 1998 • The Human Rights Act 1998 • The Regulation of Investigatory Powers Act 2000 • The Freedom of Information Act 2000

7.7 Together these Acts allow a London Local Authority to install structures and CCTV equipment on or near a highway for the detection of contraventions of Traffic Regulation Orders and to use the information provided by them, to serve a Penalty Charge Notice (PCN) on the registered keeper of a vehicle which contravenes the Traffic Regulations.

7.8 All relevant Traffic Regulation Orders must be made available on request.

7.9 Records of the keepers of vehicles that contravene traffic regulation orders will be obtained in accordance with the Driver and Vehicle Licensing Agency (DVLA) enquiry procedure rules and data obtained will be kept confidential in accordance with the Data Protection Act 1998

7.10 It is a requirement of the London Councils scheme that the Council should undertake a publicity campaign to inform the public of the start date for enforcement and to explain the objectives underlying the scheme.

7.11 It is a further requirement that the Council should issue warning notices during the first two weeks of enforcement to allow adjustments in behaviour.

8. Risk Management

8.1 A key benefit in using CCTV for enforcement of parking restrictions is that it will take any potential confrontation out of enforcing certain prohibitions, unlike using Civil Enforcement Officers who are often faced with verbal and physical abuse when issuing Penalty Charge Notices.

8.2 All data that is collected in regard to CCTV and enforcement processing will be processed fairly and lawfully and the operators of the systems deployed will ensure that appropriate security measures shall be taken against unauthorised access to, alteration, disclosure or destruction of, personal data and against accidental loss or destruction of personal data.

8.3 An essential and integral part of any CCTV system is a Code of Practice, which sets out the objectives of the system and the rules by which it will be operated. This Code of Practice ensures that issues such as privacy, integrity and fairness are properly dealt with. It sets a minimum standard which must be adhered to by all those authorities in London enforcing traffic regulations using CCTV cameras to ensure public confidence in the scheme.

8.4 The Code of Practice is designed to operate within the framework of the relevant pieces of legislation as identified in this report and to complement the Statutory and Operational Guidance produced by the Department of Transport.

8.5 The London Councils Transport and Environment Committee support this Code of Practice and CCTV monitoring scheme, which it regulates. Permission to operate the scheme will be granted only to London local authorities, which commit to and take responsibility for its fair, legal and widespread implementation and its maintenance, review and improvement as appropriate within this Code of Practice.

8.6 Appropriate process and procedures will be put in place to ensure compliance with the above requirements, including the need for regular

monitoring and reviews to ensure continuity of compliance. This recognises that there is a risk that any failures to meet these standards would lead to a potential exclusion from the scheme and hence the termination of enforcement powers.

8.7 It is likely that there will be public concern related to the introduction of such enforcement, including the lack of knowledge or understanding of why it is necessary.

8.8 It is a requirement of the London Councils scheme that the Council should undertake a publicity campaign to inform the public of the start date for enforcement and to explain the objectives underlying the scheme.

8.9 It is a further requirement that the Council should issue warning notices during the first two weeks of enforcement to allow adjustments in behaviour.

9. Equalities and Diversity

9.1 The 2010 Equality Act outlines the provisions of the Public Sector Equality duty which requires public authorities to have due regard to the need to

• eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act • advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it • foster good relations between persons who share a relevant protected characteristic and persons who do not share it

9.2 The relevant protected characteristics are age, race, disability, gender reassignment, pregnancy and maternity, religion or belief, sex and sexual orientation. The duty also covers marriage and civil partnership, but to a limited extent. A full Equalities Impact Assessment will be carried out if the scheme is successful in proceeding.

9.3 Enforcement action will only be undertaken when sufficient evidence has been gathered to confirm that a contravention has occurred. All recipients of a Penalty Charge Notice have the right to make representations to the issuing authority and all representations received by the authority must be considered and a response issued. Should the representation lead to a rejection by the authority the registered keeper of the vehicle has the option to appeal to the Parking and Traffic Appeals Service PATAS and have their appeal considered by an independent adjudicator.

10. Consultation and Engagement

10.1 The Parking Policy consultation included the proposal to introduce CCTV enforcement for moving traffic contraventions and this was well received

by those who responded to the consultation.

10.2 It is a requirement of the London Councils scheme that the Council should undertake a publicity campaign to inform the public of the start date for enforcement and to explain the objectives underlying the scheme.

10.3 The Council will issue warning notices during the first two weeks of enforcement to allow adjustments in behaviour.

11. BACKGROUND PAPERS

11.1 Implementation of New Parking Policy – 24 th January 2014 Environment Policy Report

11.2 Policy and Resources Budget report 2015

11.3 The Environment Committee - 15 July 2015

11.2 Report to Full Council – 28 June 2015

APPENDIX 1

Priority of Street Name Effect Restriction non - Ravensdale Avenue Box Junction at High road and Ravensdale Avenue Box Junction compliance1 Introduce box junctions with Cool Oak Lane and A5 Station Road/ Perryfield Way Box Junction 2 BrentBroadway View Road Compulsory left turn into West Hendon Broadway Compulsory left 3 West Hendon Broadway Box junction at junction with Brent View Road Boxturn Junction 4 Tilling Road Banned left turn into Brentfield Gardens Banned left turn 5 A5 Box junction marking at junction with Kara Way Box Junction 6 Broadway box junction marking at junction with Depot Approach A5 Cricklewood and Ashford Road Box Junction 7 Broadway Introduce box junction marking at Ballards Lane/ Ballards Lane, N3 Nether Street/ Regents Park Road junction Box Junction 8 Introduce box junction marking at junction with Kingsbury Road Box Junction 9 Introduce box junction marking outside Station Road, entrance to Broadwalk Shopping Centre Box Junction 10 Banned right turn out of Sainsbury's car park into Ravensdale Avenue Ravensdale Avenue Banned Right Turn 11 High Street, Barnet Introduce box junction with St Albans Road and Wood Box Junction 12 Cricklewood Lane BannedStreet right turn out of superstore into Cricklewood Banned Right Turn 13 Finchley Road NoLane right turn into Rodborough Road from Finchley Road Banned Right Turn 14 Rodborough Road, NW11 Banned right turn into Finchley Road Banned Right Turn 15 The Grove, N3 Banned right turn into Ballards Lane Banned Right Turn 16 No right turn into Baronsmere Road when proceeding High Road, N2 north in High Road, N2 Banned Right Turn 17 High Street, Edgware Banned u-turns through various gaps in central Banned U-Turn 18 Myddleton Park Bannedreservation left turn into Oakleigh Road North Banned left turn 19 East Barnet Road Box junction marking at Margaret Road Box Junction 20 Bow Lane, N3 Compulsory Left turn into Squires Lane Compulsory left 21 Various banned turns and banned u-turns on either turn A5 Edgware Road flyover side of flyover Banned U-Turn 22 Edgware Road Banned right turn into Oxgate Lane Banned Right Turn 23 Way Banned right turn into Lanacre Avenue Banned Right Turn 24 Station Road, Edgware Banned right turn onto West Hendon Broadway Banned Right Turn 25 Albert Place, N3 One way working and bans right turn into Ballards Lane Banned Right Turn 26 Station Road, Edgware Banned right turn into High Street Banned Right Turn 27 Station Road, Edgware Banned right turn into High Street Banned Right Turn 28 Colindale Avenue Compulsory left turn into the Hyde Compulsory left 29 Compulsory left turn into service road fronting Park turn Heathview Farm Close Compulsory left 30 Introduce banned right turn out of Forumside into turn Forumside, Edgware High Street, Edgware Banned Right Turn 31 High Street, Edgware Bans entry onto gap in High Street Edgware. Banned Right Turn 32 No entry on west side of island in Deansway at East Deansway End Road junction No Entry 33 Dollis Road, N3 Banned right turn into Crescent Road Banned Right Turn 34 Nether Street Banned left turn into Crescent Road Banned left turn 35 Cromwell Road No entry into Cromwell Road from Colney Hatch Lane No Entry 36 Colindeep Lane Box Junction Box junctions 37 Introduce a one way traffic system in the service Oakleigh Road North road fronting 1260 to 1268 High Road, Whetstone one way 38 Introduce banned U-turn at central reservation near A5 West Hendon Cool Oak Lane Banned U-Turn 39 TheBroadway Broadway, N7 Banned right turn into Marks and Spencers Car Park Banned Right Turn 40 Banned right turn from Edgware Road and banned right Park Road, NW9 turn into Edgware Road from Park Road Banned Right Turn 41 Park Road, NW9 No right turn into West Hendon Broadway from Park Banned Right Turn 42 BannedRoad turns into and out of Hermitage Lane and Finchley Road around island site Banned Right Turn 43 Colney Hatch Lane Introduce compulsory turn into Woodhouse Banned left turn 44 Baronsmere Road No entry into High Road from Baronsmere Road No entry 45

Highwood Hill No entry on south side of island site at Marsh Lane No Entry 46 Spur Road BannedJunction right turn into London Academy Banned Right Turn 47 Spur Road Banned U-turns in both directions Banned U-Turn 48 Spur Road Compulsory left turn from London Academy into Spur Compulsory left 49 East Barnet Road BannedRoad right turn into Margaret Road Bannedturn Right Turn 50 Margaret Road Banned right turn into East Barnet Road Banned Right Turn 51 The Hyde Compulsory turns at junction with Capitol Way Compulsory turns 52 Finchley Road Compulsory right turn into Finchley Road from Service Banned Right Turn 53 Mowbray Parade CompulsoryRoad left turn into Broadfield Avenue Compulsory left 54 Hendon Lane No entry into Gravel Hill Noturn Entry 55 The Broadway No right turn into M&S car park Banned Right Turn 56 No entry on north-east side of island site at junction Longmore Avenue with Lyonsdown Road No Entry 57